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92_SB1949eng SB1949 Engrossed LRB9216014WHpc 1 AN ACT concerning guardianship. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Probate Act of 1975 is amended by 5 changing Section 13-5 as follows: 6 (755 ILCS 5/13-5) (from Ch. 110 1/2, par. 13-5) 7 Sec. 13-5. Powers and duties of public guardian.) The 8 court may appoint the public guardian as the guardian of any 9 disabled adult who is in need of a public guardian and whose 10 estate exceeds $25,000. When a disabled adult who has a 11 smaller estate is in need of guardianship services, the court 12 shall appoint the State guardian pursuant to Section 30 of 13 the Guardianship and Advocacy Act. If the public guardian is 14 appointed guardian of a disabled adult and the estate of the 15 disabled adult is thereafter reduced to less than $25,000, 16 the court may, upon the petition of the public guardian and 17 the approval by the court of a final accounting of the 18 disabled adult's estate, discharge the public guardian and 19 transfer the guardianship to the State guardian. The public 20 guardian shall serve not less than 14 days' notice to the 21 State guardian of the hearing date regarding the transfer. 22 When appointed by the court, the public guardian has the same 23 powers and duties as other guardians appointed under this 24 Act, with the following additions and modifications: 25 (a) The public guardian shall monitor the ward and his 26 care and progress on a continuous basis. Monitoring shall at 27 minimum consist of monthly contact with the ward, and the 28 receipt of periodic reports from all individuals and 29 agencies, public or private, providing care or related 30 services to the ward. 31 (b) Placement of a ward outside of the ward's home may SB1949 Engrossed -2- LRB9216014WHpc 1 be made only after the public guardian or his representative 2 has visited the facility in which placement is proposed. 3 (c) The public guardian shall prepare an inventory of 4 the ward's belongings and assets and shall maintain insurance 5 on all of the ward's real and personal property. No personal 6 property shall be removed from the ward's possession except 7 for storage pending final placement or for liquidation in 8 accordance with this Act. 9 (d) The public guardian shall make no substantial 10 distribution of the ward's estate without a court order. 11 (e) The public guardian may liquidate assets of the ward 12 to pay for the costs of the ward's care and for storage of 13 the ward's personal property only after notice of such 14 pending action is given to all potential heirs at law, unless 15 notice is waived by the court; provided, however, that a 16 person who has been so notified may elect to pay for care or 17 storage or to pay fair market value of the asset or assets 18 sought to be sold in lieu of liquidation. 19 (f) Real property of the ward may be sold at fair market 20 value after an appraisal of the property has been made by a 21 licensed appraiser; provided, however, that the ward's 22 residence may be sold only if the court finds that the ward 23 is not likely to be able to return home at a future date. 24 (g) The public guardian shall, at such intervals as the 25 court may direct, submit to the court an affidavit setting 26 forth in detail the services he has provided for the benefit 27 of the ward. The court shall set reasonable and appropriate 28 fees for such services. The public guardian may petition the 29 court for the payment of reasonable and appropriate fees on 30 not less than a quarterly basis, or sooner as approved by the 31 court. 32 (h) Upon the death of the ward, the public guardian 33 shall turn over to the court-appointed administrator all of 34 the ward's assets and an account of his receipt and SB1949 Engrossed -3- LRB9216014WHpc 1 administration of the ward's property. A guardian ad litem 2 shall be appointed for an accounting when the estate exceeds 3 the amount set in Section 25-1 of this Act for administration 4 of small estates. 5 (i) (1) On petition of any person who appears to have an 6 interest in the estate, the court by temporary order may 7 restrain the public guardian from performing specified 8 acts of administration, disbursement or distribution, or 9 from exercise of any powers or discharge of any duties of 10 his office, or make any other order to secure proper 11 performance of his duty, if it appears to the court that 12 the public guardian might otherwise take some action 13 contrary to the best interests of the ward. Persons with 14 whom the public guardian may transact business may be 15 made parties. 16 (2) The matter shall be set for hearing within 10 17 days unless the parties otherwise agree or unless for 18 good cause shown the court determines that additional 19 time is required. Notice as the court directs shall be 20 given to the public guardian and his attorney of record, 21 if any, and to any other parties named defendant in the 22 petition. 23 (j) On petition of the public guardian, the court in its 24 discretion may for good cause shown transfer guardianship to 25 the State guardian. 26 (k) No later than January 31 of each year, the public 27 guardian shall file an annual report with the clerk of the 28 Circuit Court, indicating, with respect to the period covered 29 by the report, the number of cases which he has handled, the 30 date on which each case was assigned, the date of termination 31 of each case which has been closed during the period, the 32 disposition of each terminated case, and the total amount of 33 fees collected during the period from each ward. 34 (l) When the public guardian is appointed temporary SB1949 Engrossed -4- LRB9216014WHpc 1 guardian of a disabled adult pursuant to an emergency 2 petition under circumstances where the court finds that the 3 immediate establishment of a temporary guardianship is 4 necessary to protect the disabled adult's health, welfare, or 5 estate, the public guardian shall be entitled to reasonable 6 and appropriate fees, as determined by the court, for the 7 period of the temporary guardianship, including fees directly 8 associated with establishing the temporary guardianship. 9 (Source: P.A. 87-287.) 10 Section 99. Effective date. This Act takes effect upon 11 becoming law.